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PEOPLE v. FORD

11 N.Y.3d 875 (2008)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant-Respondent, v. ALFRED FORD, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Patrick J. Hynes and Hilary Hassler of counsel), for appellant-respondent.

Legal Aid Society Criminal Appeals Bureau, New York City (Steven Banks, Andrew Fine and John Schoeffel of counsel), and Kaye Scholer LLP (Max R. Schwartz, Michael A. Rogoff, Paula R. Ramer and John S. Cahalan of counsel), for respondent-appellant.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur. in memorandum; Judge JONES dissents in part and votes to affirm in an opinion in which Judges SMITH and PIGOTT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified by reinstating defendant's conviction for first-degree robbery and remitting to that court for consideration of the facts (see CPL 470.25 [2] [d]; 470.40 [2] [b]), and, as so modified, affirmed.

A grand jury returned a single indictment charging defendant Alfred Ford with first-degree robbery and lesser offenses related to two successive robberies in May...

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